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Full-Text Articles in Law

The Road To Autonomy, Michelle Sellwood Dec 2017

The Road To Autonomy, Michelle Sellwood

San Diego Law Review

[T]his Comment discusses the background of AI and robotics, the technology behind the autonomous vehicle, and the evolution of products liability laws. Part III examines current regulations, the benefits of autonomous technology, and the need for a definitive liability framework. Part IV discusses why current tort liability laws will be ineffective in governing autonomous vehicle liability by examining the shift in liability from the driver to the owner and manufacturer. Part V proposes a short-term solution by attributing liability to the programmer, while software is still hard-coded. Finally, Part VI explores legal personhood, and proposes that the autonomous vehicle be …


Navigating The Third Offset Strategy, Damon V. Coletta Nov 2017

Navigating The Third Offset Strategy, Damon V. Coletta

The US Army War College Quarterly: Parameters

This article suggests adding a “craftsman” at lower ranks to steer private-sector projects through the Third Offset Strategy. This strategy was established by experienced leadership at the Pentagon to increase military acquisitions of automation and artificial intelligence technology.


Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman Nov 2017

Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman

The US Army War College Quarterly: Parameters

This article examines the potential implications of the combinations of robotics, artificial intelligence, and deep learning systems on the character and nature of war. The author employs Carl von Clausewitz’s trinity concept to discuss how autonomous weapons will impact the essential elements of war. The essay argues war’s essence, as politically directed violence fraught with friction, will remain its most enduring aspect, even if more intelligent machines are involved at every level.


Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey Aug 2017

Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey

Northwestern University Law Review

The media and academic dialogue surrounding high-stakes decisionmaking by robotics applications has been dominated by a focus on morality. But the tendency to do so while overlooking the role that legal incentives play in shaping the behavior of profit-maximizing firms risks marginalizing the field of robotics and rendering many of the deepest challenges facing today’s engineers utterly intractable. This Essay attempts to both halt this trend and offer a course correction. Invoking Justice Oliver Wendell Holmes’s canonical analogy of the “bad man . . . who cares nothing for . . . ethical rules,” it demonstrates why philosophical abstractions like …


Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr Jun 2017

Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr

All Faculty Scholarship

Machine-learning algorithms are transforming large segments of the economy, underlying everything from product marketing by online retailers to personalized search engines, and from advanced medical imaging to the software in self-driving cars. As machine learning’s use has expanded across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of life previously dependent on human judgment. Alarm bells sounding over the diffusion of artificial intelligence throughout the private sector only portend greater anxiety about digital robots replacing humans in the governmental sphere. A few administrative agencies have already begun to adopt this technology, while others …


Authorship, Disrupted: Ai Authors In Copyright And First Amendment Law, Margot E. Kaminski Jan 2017

Authorship, Disrupted: Ai Authors In Copyright And First Amendment Law, Margot E. Kaminski

Publications

Technology is often characterized as an outside force, with essential qualities, acting on the law. But the law, through both doctrine and theory, constructs the meaning of the technology it encounters. A particular feature of a particular technology disrupts the law only because the law has been structured in a way that makes that feature relevant. The law, in other words, plays a significant role in shaping its own disruption. This Essay is a study of how a particular technology, artificial intelligence, is framed by both copyright law and the First Amendment. How the algorithmic author is framed by these …


Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian Jan 2017

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …


Substantiating Big Data In Health Care, Nathan Cortez Jan 2017

Substantiating Big Data In Health Care, Nathan Cortez

Faculty Journal Articles and Book Chapters

Predictive analytics and "big data" are emerging as important new tools for diagnosing and treating patients. But as data collection becomes more pervasive, and as machine learning and analytical methods become more sophisticated, the companies that traffic in health-related big data will face competitive pressures to make more aggressive claims regarding what their programs can predict. Already, patients, practitioners, and payors are inundated with claims that software programs, "apps," and other forms of predictive analytics can help solve some of the health care system's most pressing problems. This article considers the evidence and substantiation that we should require of these …


Debating Autonomous Weapon Systems, Their Ethics, And Their Regulation Under International Law, Kenneth Anderson, Matthew C. Waxman Jan 2017

Debating Autonomous Weapon Systems, Their Ethics, And Their Regulation Under International Law, Kenneth Anderson, Matthew C. Waxman

Faculty Scholarship

An international public debate over the law and ethics of autonomous weapon systems (AWS) has been underway since 2012, with those urging legal regulation of AWS under existing principles and requirements of the international law of armed conflict, on the one side, in argument with opponents who favor, instead, a preemptive international treaty ban on all such weapons, on the other. This Chapter provides an introduction to this international debate, offering the main arguments on each side. These include disputes over defining an AWS, the morality and law of automated targeting and target selection by machine, and the interaction of …